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MECHANICS' LIENS ON REAL PROPERTY AND THEIR ENFORCE-
MENT, LIENS ON VESSELS AND THEIR ENFORCEMENT,
LIENS ON PERSONAL PROPERTY,

CHATTEL MORTGAGES AND CONTRACTS OF
CONDITIONAL SALE,

AS CONTAINED IN

L. 1897, CHAP. 418, and L. 1897, CHAP. 419,


BY

ROBERT C. CUMMING AND FRANK B. GILBERT,

OF THE ALBANY COUNTY BAR

AND ASSISTANTS TO THE COMMISSION OF STATUTORY REVISION,

WITH

COMPLETE ANNOTATIONS, CITATIONS AND DISCUSSIONS
OF CASES TOGETHER WITH

ALL NECESSARY FORMS.

NEW YORK:

BAKER, VOORHIS & COMPANY.

ALBANY:

MATTHEW BENDER.

1897.

New York: Separate

Jaws

Tx

097121

Entered according to act of Congress, in the year eighteen hundred and ninety-seven,

By BAKER, VOORHIS & COMPANY,

In the office of the Librarian of Congress, at Washington, D. C.

JAMES B. LYON,

PRINTER, ELECTROTYPER AND BINDER,

LYON BLOCK, ALBANY, N. Y.

SEP 29 1938

9/29/38

PREFACE.

By chapter 418 of the Laws of 1897 all the laws of the State relating to mechanics' liens, liens on vessels, liens on personal property, chattel mortgages and contracts of conditional sale were revised and re-enacted into one chapter of the general laws known as the Lien Law. Chapter 419 of the Laws of 1897, which must be considered in connection with the Lien Law, contains the parts of the former laws which provided procedure for the enforcement of mechanics' liens on real property and liens on vessels. These two acts repealed all former laws relating to the subjects embraced therein.

Mechanics' liens on real property for the improvement thereof are still the most important of our statutory liens. The greater part of a work of this kind must, therefore, be devoted to a consideration of these liens. But, because of the collection of all statutory liens under one general head, all other liens which are contained in this chapter of the general laws must be treated in connection with mechanics' liens.

We have considered each article of the Lien Law in a separate chapter. Following the articles of the Lien Law creating and regulating mechanics' liens and liens on vessels, we have inserted. the titles added to chapter XXII of the Code of Civil Procedure relating to the procedure for the enforcement of such liens.

The Lien Law only contains a re-enactment of the statutes relating to the filing of chattel mortgages. No attempt has been made to codify the common-law principles relating to such mortgages. In this work we have deemed it expedient to classify all the cases of this State relating to this important subject. The scope of the work would not warrant more than a collection and digest of the cases of this State. We have in the chapter on this subject enunciated as concisely as possible all the essential principles involved in a consideration thereof.

In article VI of the Lien Law the liens of artisans, hotelkeepers, boarding and lodging house keepers, factors, warehousemen, agisters and livery stable keepers were declared. The lien of an artisan and of a hotelkeeper have never before been expressly declared by statute in this State. In the chapter of this work embracing this article (Chapter VIII), we have treated, extensively,

the general common-law principles relating to liens on personal property dependent upon possession. We have also included in such chapter a section relating to liens of common carriers.

Many changes have been made in the former statutes by this revision. We have inserted at the end of each section the note of the Statutory Revision Commission which was contained in the original bill submitted by this commission to the Legislature. They will be found of use in construing the statute. We have also, at the end of each section, called attention in detail to each change made in the former law.

We have carefully selected and considered all cases of the courts of this State which arose under the former statutes, and have applied them, as far as possible, to the new law in their proper connection.

We would call attention to the fact that the text of the statutes relating to liens embraces comparatively a small portion of this work. The great number of cases considered and applied has made the work voluminous, perhaps more so than the subject would warrant, but we trust that our labors in this direction have not been misapplied, and that they will be found of value to those interested in the subject of liens.

The forms contained in the book are prepared with special reference to the requisites of the new law. Many changes in forms formerly used will be necessary; we have, perhaps, suggested in what way these changes may be made.

ALBANY, August 1, 1897.

ROBERT C. CUMMING,

FRANK B. GILBERT.

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